[License-review] For Approval: Open Logistics License v1.2

[Pamela Chestek]

On 12/5/2022 2:45 PM, Carlo Piana wrote:
>> You must ensure that the recipients of the Subject Matter of the License or
>> Derivative Works are obligated to incorporate the provisions of this Section 4
>> into any license under which they distribute the Subject Matter of the License
>> or Derivative Works to any other recipients.
>>
> This provision requires the "You" to a legal effect. As a general remark, this is an open ended obligation and IMVHO a bad design decision, since the legal effect depends on many different circumstances outside the control of the "You", including intent, capacity, errors, lack of proper form etc. You can surely include perform an obligation as a condition of the grant, but including a legal effect is to me really really seeking for trouble.
>
Carlo, I'm not following what you're saying. Are you saying that the 
Licensor has some liability if the user doesn't actually incorporate the 
provisions of Section 4 into their downstream license?

I am puzzled by how this is implemented, though. Does it mean that the 
distributor has to have a separate statement somewhere saying "you are 
obligated to follow Section 4 on your further distribution"? Wouldn't 
providing a copy of the license sufficient? And since the distributing 
party is obliged to provide a copy of the license, isn't this 
requirement self-fulfilling? I don't understand what problem there is 
that this section was meant to solve.

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
+1 919-800-8033
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